International Criminal Law

The European Union’s migration containment policy is trapping people in detention centres that are being targeted in the Libyan conflict. [Marwa Mohamed is Head of Advocacy and Outreach at Lawyers for Justice in Libya.  LFJL’s #RoutestoJustice programme works to promote the rights of migrants and refugees in Libya and to provide them with access to justice using domestic courts, regional human rights courts and mechanisms...

[Hanan Salah is the Senior Libya and Mauritania Researcher at Human Rights Watch. This is the latest post in our symposium with Justice in Conflict on Libya and International Justice.] The scars ran deep. His back was a maze of thick welts, thinner scars and parts that resembled small craters. His wrists and ankles were raw from where he’d been shackled and suspended from a...

[Kate Vigneswaran is a Senior Legal Adviser at the International Commission of Jurists, Middle East and North Africa (MENA) Programme, and Vito Todeschini is an Associate Legal Adviser, International Commission of Jurists, MENA Programme. This is the latest post in our symposium with Justice in Conflict on Libya and International Justice. Marieke Wierda’s contribution to the symposium has gone up at JiC and you can...

The irreplaceable Carmi Lecker called my attention yesterday to a proposal by Switzerland to deem the intentional starvation of civilians a war crime in non-international armed conflict (NIAC). At present, it is only a war crime in international armed conflict (IAC) -- Art. 8(2)(b)(xxv) of the Rome Statute. Here is the text of the proposal: Add to article 8, paragraph 2...

On 4 September last week the UN Commission of Inquiry on Burundi released its latest report. The situation in Burundi continues to warrant deep concern as grave human rights violations persist. Experts estimate that it may only get worse as the 2020 elections draw closer. After all, it was a political crisis in 2015 election cycle that catapulted the small...

[Mark Kersten is a consultant for the Wayamo Foundation and a law student at McGill University. He is also author of the book, 'Justice in Conflict - The Effects of the International Criminal Court's Interventions on Ending Wars and Building Peace'.]  It isn’t for a lack of attention. Violence in Libya is covered almost daily in major newspapers and media outlets....

A few months ago, I was invited by the Polish Ministry of Justice to participate in a one-day conference on the responsibility of lawyers for judicial crimes, part of Poland's Day of Remembrance for the Victims of Stalinism and Nazism. The Ministry asked me to discuss American prosecutions of Nazi lawyers at the Nuremberg Military Tribunals -- something I wrote...

[Demetra Loizou is a Lecturer in International Law and Legal Skills at the University of Central Lancashire, Cyprus.]  Article 8 of the Rome Statute, which sets out the war crimes within the ICC’s jurisdiction, is inextricably linked to the general IHL regime. Paragraph 2(a) refers to the grave breaches of the 1949 Geneva Conventions (international armed conflicts). Paragraph 2(c) is concerned with the serious violations of Common Article 3 (CA3)...

[Nina Mileva and Marina Fortuna are doctoral candidates at the University of Groningen, performing research within the TRICI-Law Project. This project has received funding from the European Research Council (ERC) under the European Union’s Horizon 2020 Research and Innovation Programme (Grant Agreement No. 759728).] In international law interpretation is the process through which the interpreter attempts to determine the true...

[Caroline Omari Lichuma is a PhD Candidate at the Georg-August Universität Faculty of Law (at the Chair of Public and International Law) and a Lecturer from Riara Law School in Nairobi, Kenya.] Material inequality or (extreme) economic inequality has been touted as one of the biggest challenges of the 21st century. Wealth is hemorrhaging upwards rather than trickling down. In a world where the rich get richer,...